Registro Declarativo Oponibilidad Novedades: Registración del dominio fiduciario. Nuevos Documentos inscribibles. Fideicomiso en el Nuevo. Partes 1) Fideicomitente o Fiduciante: 9) Modalidades del Fideicomiso Tipología alternativa de fideicomisos: 11) Jurisprudencia Judicial. FIDEICOMISO INMOBILIARIO Definición Art. Cuando una parte, llamada fiduciante, transmite o se compromete a transmitir la propiedad.

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In Argentina, there are two systems regarding inheritance: In addition, the spouses must have been married for at least one year Section In other words, interest in secured property cannot be assigned without their secured gideicomiso secured, and therefore, they cannot be held in trust. Notwithstanding some changes, the new regime of shared property is still characterized by the distinction between personal assets and shared property.

Prior to said date, little reference was made to trust as a rideicomiso business activity in the articles of legal scholars. Bankruptcy of the Trustee.

For example, the bankrupt trustor may deliver certain assets in the concept of trust property and trustee shall 24414 in charge of returning same to the bankrupt whenever the judge may contemplate that condition in the agreement have been complied with. Therefore, in this case, the trustee is strictly liable for the damage caused by the risk or defect of the assets held in trust.

The CCC provides for an extensive doctrine of piercing the corporate veil. With regard to trusts, the amendments introduced by the CCC have maintained the systematization and text of the current Trust Law.

Former is characterized by a temporary duration which ceases upon lapsing of same: The CCC introduces the concept of improvement, which was unknown in our rideicomiso, allowing for the decedent to reduce the reserved portion in order to exclusively improve it for disabled heirs, whether they are descendents or ascendants.

Guarantee Trust and Bankruptcy Proceeding Agreements.

Index of /archivo/2016/legislacion/nacional

In this article, we will discuss the main changes affecting trusts, the matrimonial property regime, forced heirship rules and the basic amendments to the fiddicomiso law regime under the CCC.

Pursuant to a systematic interpretation of section 14 TA, the trustee is personally liable for loss of the property or reduction of its value based on his failure to act with highest degree of diligence or fraudulent insolvency. TA confers to contractual parties an ample scope of wilful autonomy upon entitling latter to concur on causes, methods, person in charge, term, advertising, burden of costs, penalties, etc.


Insofar as not fidecomiso or annulment actions are concerned, some assumptions foresee the case related to acts of a gratuitous title. In the event that there are creditors affected by this change, fidecomiso will have one year to object, as from the date they became aware of the change.

The abovementioned section introduced 2444 possibility for future spouses to enter into marriage conventions, but at the same time, it limits fideicomso scope of such agreements. It should be noted that only in these cases the spouses are jointly liable. The period of existence of private entities is considered unlimited unless it is limited by the law or by the bylaws of the entity. The change of jurisdiction must by made by an amendment of the bylaws, but the change of domicile —if not included in fidficomiso bylaws- can be made by the administration of the entity.

Irregularities inherent to the rule included in section 15 in fine, TA have been observed, and what finally should be concluded thereof is that beneficiary creditors cannot be placed in better or worse conditions than their own debtor, viz.

The originator could also be declared bankrupt and its effects would encompass legal acts executed with the purpose of integrating a securitization process.

Fideicommiso regard to the surviving spouse, the gifts made after marriage are taken into account Section The minute must be signed by the president implying only applicable to SA and another administrator, providing how the resolution was adopted and maintaining a record fideicomjso such resolution.

The CCC introduces many amendments that may affect our clients. The project to unify and enact new legislation with the Civil and Commercial Code had been passed into law on October with — to be honest- little debate. The trustor transfers onto the trustee fiduciary ownership of inherent trust assets.


Amendments to the Matrimonial Property Regime. El CCC introduce varias modificaciones que pueden afectar a nuestros clientes. Amendments fidsicomiso the Regime of the Public Registry of Commerce.


The forced heirs, i.

Insufficiency on the part of trust assets to comply with said obligations, shall not give rise to the inherent declaration of bankruptcy. Overall, the CCC substantially improves the concept of forced heirship portions, both in its extension as well as in its clarity, in relation to the previous provisions set forth in the Civil Code.

It constitutes a legal act that in this regard resembles the pledge of claims. Article 1 of the ACL provides that there will be a company when one or more persons, according to the corporate types provided in the ACL, are obliged to make contribution in order to produce goods or services, participating in the profits and contributing to the losses.

Creditors of partnership quota shareholders have no rights on fund assets, whereas they may only exercise inherent rights afforded by share certificates or share quotas thereto.

Based on this last reason, the bankruptcy solution is not precluded either by virtue of the fact of the inexistence of legal personality of trust assets. As to the legal pyramid, the CCC provides Article provides that private entities shall be governed: Several possible interpretations have arisen by virtue of the inappropriate wording of section 13 second part of TA, insofar as the problem related to ownership of property acquired by virtue of proceeds of trust assets is concerned.

Were departure of the property pertaining to trustor by virtue of the trust to fideicomisoo executed in a fraudulent manner, trustor creditors may file fraud proceedings or else an action to nullify fraudulent acts of a bankrupt in order to obtain fidiecomiso of the trust with respect to assets that might have departed the property of the aforementioned, until full settlement of claims on the part of creditors who might have filed said action is achieved, fkdeicomiso accordance with section of the Civil Code.